244 Mass. 125 | Mass. | 1923
This is a suit in equity by the trustee in bankruptcy of Peter Gardules. It is founded on an alleged conspiracy between the bankrupt and the other defendants to cheat Boston merchants by procuring from them large amounts of clothing chiefly on credit, to sell the same quickly and cheaply from a store in Haverhill and not pay creditors. The case was referred to a master, who made a finding of the facts. No evidence is reported. Hence those findings must stand unless upon the face of the report they are mutually inconsistent or contradictory and plainly wrong. Glover v. Waltham Laundry Co. 235 Mass. 330, 334. First Baptist Society in Brookfield v. Dexter, 193 Mass. 187, 189.
It has been found that the defendants Gardules and Yurelielionis conspired to defraud the merchants, but that the defendant Anderson, although the scheme was disclosed to him by Gardules, consulted an attorney and in accordance with his advice declined to become a party to it, and a few days later was told that the other two defendants were going into the scheme. The master finds that Gardules and Yurelielionis conspired to defraud the Boston merchants and did numerous acts in execution of that conspiracy, but does not find that Anderson was a party to the conspiracy. Anderson’s connection with the transactions was
Decree affirmed with costs of appeal.